Certification Regarding the Release of Controlled Technology or Technical Data
Effective February 20, 2011, the U.S. Citizenship and Immigration Services (USCIS) issued new requirements for employers sponsoring foreign nationals through the I-129 Petition for a Nonimmigrant Worker process. Specifically, the revised I-129 form added Part 6, “Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States.”
This new required attestation stems from the Deemed Export Rule under the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), which provides that the transfer, release, or disclosure of controlled technical data, technology or software to a citizen or national of a foreign country, even if in the United States, is ‘deemed’ to be an export to that country.
To comply with this requirement International Services, Office of Global Learning has implemented the Certification Regarding the Release of Controlled Technology form for completion by the hiring unit.
If the hiring unit is unsure how to assess export control risks that may exist within the department, please contact the Export Control Office for assistance.